Husband Receives $800,000 Compensation After Wife Passes Away Following A Motor Vehicle Accident

Published 29 Sep 2016

We acted for Mr P who lost his wife following a motor vehicle accident. MR P’s wife was driving along the Hume Highway when she was involved in a head on collision. She survived the accident and was taken to hospital with a severely broken leg. The hospital discharged her after a week and upon her discharge she developed a clot in her leg which travelled up to her heart causing blockages and causing a heart attack.

Mr P was unsure as whether or not he could claim on behalf of his wife. He approached our offices and he was provided with advice that Mr P had nervous entitlements under the law and that he should peruse them noting that the accident was not his wife’s fault.

Mr P was advised that he had a nervous shock claim for himself and his children for the psychological trauma caused by the death of his wife and their mother and that he had a compensation to relatives claim arising out of her death noting that she was the main bread winner and that he lost out of financial and non-financial assistance which she would of received if his wife survived.

On that basis a personal injury claim form was lodged for the nervous shock claims and the compensation to relatives claim form was lodged for the death of his wife. Both cases ultimately were commenced in Court and heard together. Prior to the hearing however the insurance company indicated their willingness to discuss the settlement in this matter noting that it was slowly straight forward and liability was not an issue.

A settlement Conference was arranged at the Barrister’s Chambers in this matter and after extensive negotiations the solicitor acting for the insurer indicated that the insurer was prepared to pay the sum of $800,000.00 to resolve the matter.

The matter was resolved much to our client’s satisfaction.

If you have lost a family member as a result of a motor vehicle accident and the death of that family member has caused your grief even though you were not involved in the motor accident yourself then you may also have a claim for nervous shock. The family may also be entitled to bring a compensation to relatives claim for the loss of a loved one if the loved one was providing financial and non-financial support to the family.

If you wish to speak to one of our accredited specialists please do not hesitate to contact us on our toll free contact number, 1800 004 878 to arrange a no obligation consultation at one of our many branches.